Current through Register Vol. XLI, No. 50, December 13, 2024
Section 7-1-15 - Civil Penalties15.1. The Board may enter an order assessing the appropriate civil penalties against any person or firm found by the Board to have violated the provisions of W. Va. Code § 30-13-1 et seq. or these rules including but not limited to, the following for each offense: | Action | Penalty Up To |
Practicing or offering to practice without a license, including a license designated as nonpracticing status | $5,000 |
Practicing or offering to practice without a COA, including an expired COA | $5,000 |
Misuse of seal | $5,000 |
Illegal advertising of engineering services | $5,000 |
Fraud, deceit, misrepresentation or misinformation to the Board | $15,000 |
Violation of condition of probation | $5,000 |
Misfeasance or malfeasance | $1,000 |
Professional misconduct, negligence or incompetence | $1,000 |
Action which is likely to deceive or defraud the public | $15,000 |
Action which threatens the public health, safety and welfare | $15,000 |
Failure to timely provide information to Board | $1,000 |
Non-compliance with Board request or order | $1,000 |
General (violation of applicable statute & rules, including W.Va. Code § 30-13-21 or the Rules of Professional Responsibility set forth in these rules) | $5,000 |
15.2. The penalty for aiding and assisting any of the above violations shall be no more than the maximum penalty defined above. The penalty for discipline by another jurisdiction shall be no more than the penalty set forth above that is substantially equivalent to the grounds for discipline in the other jurisdiction.15.3. Each day of continued violation may constitute a separate offense.15.4. In determining the amount of civil penalty to be assessed pursuant to this section, the Board may consider such factors as the following. 15.4.a. Whether the amount imposed will be a substantial economic deterrent to the violation;15.4.b. The circumstances leading to the violation;15.4.c. The nature and severity of the violation and the risk of harm to the public;15.4.d. The history of previous violations;15.4.e. The extent to which the cited person or firm has cooperated with the Board and the Board's investigation;15.4.f. The economic benefits gained by the violator as a result of non-compliance;15.4.g. The interest of the public;15.4.h. Other matters as may be appropriate.15.5. Civil penalties imposed by the Board shall be paid to the West Virginia State Treasurer's Office by check or money order within the time prescribed or approved by the Board.